According to the complaint, "Regardless of the number of hours worked, Jimmy John's fails to pay [assistant store managers] any overtime compensation."

The chain has 24 metro Atlanta stores.

The company requires assistant store managers to perform food preparation and provide customer service as their primary duty, but classifies them as "executives" exempt from the overtime pay provisions, the lawsuit alleges.

"We're not saying they didn't perform any managerial duties," said Justin Swartz of Outen & Golden of New York, part of a three-firm law team that has brought the complaint. "But their primary duty is making sandwiches and serving customers."

A spokeswoman for Jimmy John's said via email the company declined comment.